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7.11 Hazardous Materials. Trustor represents and warrants that except as disclosed to
<br /> Beneficiary in writing, as of the date hereof to the best knowledge of Trustor: (i)the Land is free
<br /> and has always been free of Hazardous Materials (as defined below) and is not and has never
<br /> been in violation of any Environmental Law(as defined below); (ii)there are no buried or
<br /> partially buried storage tanks located on the Land; (iii)Trustor has received no notice, warning,
<br /> notice of violation,administrative complaint,judicial complaint, or other formal or informal
<br /> notice alleging that conditions on the Land are or have ever been in violation of any
<br /> Environmental Law or informing Trustor that the Land is subject to investigation or inquiry
<br /> regarding Hazardous Materials on the Land or the potential violation of any Environmental Law;
<br /> (iv)there is no monitoring program required by the Environmental Protection Agency or any
<br /> other governmental agency concerning the Land; (v)no toxic or hazardous chemicals, waste, or
<br /> substances of any kind have ever been spilled, disposed of, or stored on, under or at the Land,
<br /> whether by accident, burying, drainage, or storage in containers,tanks, holding areas, or any
<br /> other means; (vi)the Land has never been used as a dump or landfill; and(vii)Trustor has
<br /> disclosed to Beneficiary all information, records, and studies in Trustor's possession or
<br /> reasonably available to Trustor relating to the Land concerning Hazardous Materials.
<br /> Trustor shall not cause or permit any Hazardous Material (as defined below) to be brought
<br /> upon, kept, stored or used in, on, under, or about the Land by Trustor, its agents, employees,
<br /> contractors or invitees except for incidental supplies ordinarily used in connection with the
<br /> construction, rehabilitation, repair, and operation of a theater and in compliance with all
<br /> applicable laws, and shall not cause any release of Hazardous Materials into, onto, under or
<br /> through the Land. If any Hazardous Material is discharged, released, dumped, or spilled in, on,
<br /> under, or about the Land and results in any contamination of the Land or adjacent property, or
<br /> otherwise results in the release or discharge of Hazardous Materials in, on, under or from the
<br /> Land, Trustor shall promptly take all actions at its sole expense as are necessary to comply with
<br /> all Environmental Laws(as defined below).
<br /> Trustor shall indemnify, defend(with counsel reasonably acceptable to Beneficiary), and
<br /> hold Beneficiary and its elected and appointed officials, officers, agents and employees
<br /> (collectively, "Indemnitees")harmless from and against any and all loss, claim, liability, damage,
<br /> demand,judgment, order,penalty, fine, injunctive or other relief,cost, expense(including
<br /> reasonable fees and expenses of attorneys, expert witnesses, and other professionals advising or
<br /> assisting Beneficiary), action, or cause of action(all of the foregoing, hereafter individually
<br /> "Claim"and collectively"Claims") arising in connection with the breach of Trustor's covenants
<br /> and obligations set forth in this Section 7.11 or otherwise arising in connection with the presence
<br /> or release of Hazardous Materials in, on, under, or from the Property. The foregoing indemnity
<br /> includes, without limitation, all costs of investigation, assessment, containment, removal,
<br /> remediation of any kind, and disposal of Hazardous Materials, all costs of determining whether
<br /> the Land is in compliance with Environmental Laws, all costs associated with bringing the Land
<br /> into compliance with all applicable Environmental Laws, and all costs associated with claims for
<br /> damages or injury to persons,property, or natural resources.
<br /> Without limiting the generality of the foregoing, Trustor shall, at Trustor's own cost and
<br /> expense, do all of the following:
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